1.1 	A bill for an act
1.2 	relating to energy; eliminating the size limitation on hydropower sources that 
1.3 	may satisfy the renewable energy standard;amending Minnesota Statutes 2011 
1.4 	Supplement, section 216B.1691, subdivision 1.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2011 Supplement, section 216B.1691, subdivision 1, 
1.7 	is amended to read:
1.8 		Subdivision 1.Definitions. (a) Unless otherwise specified in law, "eligible energy 
1.9 	technology" means an energy technology that generates electricity from the following 
1.10 	renewable energy sources:
1.11 	(1) solar;
1.12 	(2) wind;
1.13 	(3) hydroelectric with a capacity of less than 100 megawatts;
1.14 	(4) hydrogen, provided that after January 1, 2010, the hydrogen must be generated 
1.15 	from the resources listed in this paragraph; or
1.16 	(5) biomass, which includes, without limitation, landfill gas; an anaerobic digester 
1.17 	system; the predominantly organic components of wastewater effluent, sludge, or related 
1.18 	by-products from publicly owned treatment works, but not including incineration of 
1.19 	wastewater sludge to produce electricity; and an energy recovery facility used to capture 
1.20 	the heat value of mixed municipal solid waste or refuse-derived fuel from mixed municipal 
1.21 	solid waste as a primary fuel.
1.22 	(b) "Electric utility" means a public utility providing electric service, a generation 
1.23 	and transmission cooperative electric association, a municipal power agency, or a power 
1.24 	district.
2.1 	(c) "Total retail electric sales" means the kilowatt-hours of electricity sold in a year 
2.2 	by an electric utility to retail customers of the electric utility or to a distribution utility 
2.3 	for distribution to the retail customers of the distribution utility. "Total retail electric 
2.4 	sales" does not include the sale of hydroelectricity supplied by a federal power marketing 
2.5 	administration or other federal agency, regardless of whether the sales are directly to a 
2.6 	distribution utility or are made to a generation and transmission utility and pooled for 
2.7 	further allocation to a distribution utility.